STATE SECURITY SERVICE PENSION ACT

(1) There is established a Pensions Board (in this Act referred to as "the Board") which is charged with the responsibility for payment of pensions and gratuities to all personnel of the Service.
(2)
This Act shall apply to all personnel of the Service including those who had retired before the commencement of this Act.
(3)
The retirement benefits of personnel referred to in subsection (2) above shall be adjusted to be commensurate with the provisions of this Act.

(1) Subject to the provisions of this Act, any pension or gratuity payable to any personnel under this Act, shall be computed in accordance with the provisions of the schedule to this Act.
(2) In computing pensionable service and qualifying service for the purpose of this Act, any period of service over six months and not included in a completed year shall, for the purpose of the schedule to this Act as it relates to personnel entitled to a pension count as one year.

The Board shall consist of a Chairman and three other persons to be appointed by the President.

There shall be charged on and paid out of the Consolidated Revenue Fund of the Federation all such sums of money as may from time to time, be granted by the Federal Government by way of pension and gratuity in accordance with this Act.

(1) No pension or gratuity shall be granted under this Act to any personnel except on his retirement from the Service in any of the following circumstances-
(a) after serving thirty-five (35) years or attaining the age of 60 years, whichever is earlier;
(b) on voluntary retirement after serving for not less than 10 years;
(c)
on compulsory retirement under the provisions of section 5(I) of this Act;
(d)
on compulsory retirement for the purpose of facilitating improvements in the Service, so that greater efficiency or economy may be effected;
(e) at any time on medical evidence to the satisfaction of the Medical Board that he is incapable by reason of any infirmity of mind or body of discharging his duties and that such infirmity is likely to be permanent;
(f)
on voluntary withdrawal after having put in not less than five years but less than ten years continuous service as a personnel:
Provided that-
(i) in respect of paragraphs (c) to (e) above, if the personnel has served for less than five years but less than ten years before his retirement, he shall be entitled only to a gratuity as specified in the appropriate column of the Table in the Schedule to this Act;
(ii) if the personnel has served for a minimum of three years but less than five years before he is required to retire, he shall be entitled to an exgratia gratuity calculated on pro-rata basis at the rate of ten percent for every completed year of service..
(2)
Where a personnel retires pursuant to section 1 (f) (i)-
(a)
if he has completed five years but not up to ten years in service, he shall be entitled only to a gratuity;
(b) if the has served for not less than ten years, he shall be entitled to a pension;
(c)
if he is required to retire after ten years qualifying service pursuant to the provisions of section (1) (c) and (e), he shall be entitled to pensions immediately on retirement even though he has not attained the age of forty five years.

(1) The board may require a personnel to retire from the Service at any time after he has attained the age of forty-five years subject to three months notice in writing of such requirement being given to the personnel.
(2) A personnel may on compassionate grounds, be allowed to reign, withdraw or retire from service as the case may be, in accordance with the Service Regulations.

(1) A pension granted to a personnel or other rank under this Act shall not be less than forty per-cent of his total emolument.
(2)
For the purpose of' this section an additional pension granted in respect of injury shall not be taken into account; but where the personnel or other rank is granted such an additional pension under this Act, the amount so granted together with the remainder of his pension under this Act shall not exceed one hundred percent of his highest pensionable emolument at any time in the course of his service.

(1) Where a personnel dies in the course of official duty, there shall be paid to his next of kin or designated survivor a gratuity to which the personnel would have been entitled at the date of his death.
(2) Where personnel dies before completing the minimum period of qualifying service, his designated survivor shall be paid a death gratutity of one year's salary only.
(3)
Any pension payable under subsection (1) shall be paid to any person entitled thereto for a period expiring at the end of five years after the death of the personnel however, a lump sum representing five years pensions may be paid immediately to the person entitled to it.

(1) Where a personnel dies within five years after retirement, his next of kin or designated survivor shall continue to be paid, for a period which shall expire at the end of five years from the date of his retirement, the same pension which the deceased personnel was receiving prior to his death.
(2) if the next of kin or designated survivor so elect, the balance of his pension at his death may be paid immediately to the said next of kin or designated survivor.

(1) A personnel who wishes to retire from the Service after serving for ten years more shall give the Director-General three months notice of his intention to do so or he shall pay three months salary in lieu of such notice.
(2) A personnel who wishes to withdraw from the Service after serving for not less than five years but up to ten years shall give the Director-General one month notice of his intention to withdraw from the Service or he shall pay one month salary in lieu or such notice.

A pension or gratuity granted under this Act shall not be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever except for the purpose of satisfying-(a) a debt due to the Federal Government; or
(b)
an order of a Court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child of the personnel to whom the pension or gratuity has been granted.

Where the board is satisfied that-
(a) a sum is due to the Federal Government from a person to whom a pension or gratuity is due under this Act;
(b) an overpayment on account of any such pension or gratuity has been made to any such person by the Federal Government, the Board may authorise the deduction from the pension or gratuity in respect of that sum or overpayment of such amounts at such times as it may think fit: and the amounts so deducted shall be applied in or towards paying or repaying that sum or overpayment.

(1) The Board may by order published in the Gazette delegate to another person or authority all or any of its powers under this Act.
(2) But the delegation of a power under -the above subsection shall not prevent the Board from continuing to exercise the power if it thinks fit.

(1) The Management of the Service may make Provisions for the structure, personnel, etc, of the Board which in turn may make provisions for carrying into effect the provisions of this Act.
(2) Whenever the Board is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon or remove a disability attached to any person, that regulation may be given retrospective effect for that purpose.

In this Act-
"Basic pay" means the daily rate of pay due and payable to a personnel, but does not include allowances.
"Director-General" means the Director-General of the State Security Services (SSS).
"Federal Government" means the Federal Government of Nigeria ;
"Gazette" means the Official Gazette of the Service;
"Last pay" in relation to a personnel whose a appointment has been terminated, means the amount payable to him for a month (or if he was on a daily rate of pay, for thirty one days) multiplied by twelve in respect the last substantive rank held by him immediately before the end of his employment.
"Lodging" mean the provision of furnished accommodation fuel and light and personal service;
"Medical board" means any medical board appointed by the Management of the Service or by any other person pursuant to a deligation under section 13 of this Act, to assess the degree of disablement of personnel
"Officer" means a personnel on the rank of Intelligence Officer (SIO) II and above
"Other Rank" means personnel below the rank of Intelligence Officer (SIO II) in the Service;
"Pensionable Emolument" in respect of a personnel, means the salary attached to the last substantive rank held by the personnel but does not include any allowance whatsoever;
"Pensionable Service" means service in the State Security Service (including service or employment under the Government of the Federation or of a State or any other employment approved by the Service and which has been
transferred to the Service) which may be taken into account in determining whether an officer is eligible by length of service, for a pension or gratuity;
"Personnel" means officer and other ranks in the employment of the Service;
"Qualifying Service" means service in the State Security Service (including service or employment in the public service or any other employment which may be approved by the State Security Service) which may be taken into account in determining whether an officer is eligible by length of service for a pension or gratuity;
"Retirement" means cessation of service after an officer has served for a period of not less than five years or thereafter for a period of not less than ten years being period respectively appointed as qualifying an officer for gratuity and pension;
"Termination" in relation to a personnel's employment means termination of full pay service by retirement discharge or otherwise however;
"The Board" means the body charged by the Management of the Service the responsibilty for the administration of the pensions and gratuities of the personnel of the Service
"The Service" means the State Security Service ( SSS) ;

This Act may be cited as the State Security Service Pension Act 2011.